Sayyid Muhammad Hadi Husayni Milani
| File:سید محمد هادی میلانی.jpg | |
| Name | Sayyid Muhammad Hadi Husayni Milani |
|---|---|
| Position | Marja' al-Taqlid |
| Nationality | Iran |
| Students | Sayyid Ali Husayni Khamenei, Muhammad Taqi Ja'fari, Azizullah Attardi, Kazim Modir Shanehchi |
- Abstract
Sayyid Muhammad Hadi Husayni Milani (1313–1395 AH) was one of the Shia Marja' al-Taqlids in the fourteenth lunar Hijri century. He studied in the Najaf Seminary and Karbala and was a student of Sayyid Abu al-Hasan Isfahani and Muhammad Husayn Gharavi Na'ini, and he himself engaged in teaching Fiqh, Usul al-Fiqh, Exegesis, and Theology. Milani then migrated to Mashhad, and during his 22-year presence in this city, he revived its seminary and established a modern educational system within it. In his jurisprudential works, correspondences, and istiftas (responses to legal inquiries), there is attention to current issues and the needs of the time. The book Mahadarat fi Fiqh al-Imamiyya is among his important Fiqh works, in which discussions on prayer, Khums, Zakat, and sale (Bay') have been researched and published in independent volumes. Milani has offered new opinions in the fields of Medical Fiqh, Economic Fiqh, Worship Fiqh, and Art Fiqh.
Scientific and Political Biography
Sayyid Muhammad Hadi Husayni Milani is one of the Shia Marja' al-Taqlids who studied and taught in Najaf and Karbala and attended the lessons of Sayyid Abu al-Hasan Isfahani, Muhammad Husayn Gharavi Na'ini, and Agha Ziya Iraqi for a long time. Milani migrated to Mashhad in 1333 SH (1954), and it is said that the reform of the condition of the Mashhad Seminary was accomplished through his efforts. He founded a new educational system in five stages, which took at least 15 years to complete and covered everything from preliminary studies to the specialized course of Fiqh and Usul. Specialization in other Islamic sciences was also organized based on the students' requests. Milani also established high-level seminary schools to upgrade the scientific level of students.[1]
Sayyid Muhammad Hadi Milani is considered part of the second generation of scholars after the Constitutional Revolution who engaged less in political activities. However, several events caused his entry into the political arena, including: World War II and the emergence of anti-colonial movements in the Islamic world, support for the struggle against Reza Shah regarding the unveiling of Hijab (Kashf-e Hijab), support for Navvab Safavi and the idea of Islamic Government, support for the movement for the Nationalization of the Iranian Oil Industry, accompanying the struggle of Iraqi tribes against the British, opposition to the activities of the Tudeh Party, and support for the movement of Imam Khomeini during the era of Mohammad Reza Pahlavi.[2]
Although Milani did not author a book himself, his scattered notes and lesson transcriptions have been published in 15 titles; including Mahadarat fi Fiqh al-Imamiyya (an examination of various Fiqh topics, in ten volumes), Qadatuna Kayfa Na'rifuhum? (The lives of the fourteen Infallibles, in eight volumes), Nukhbat al-Masa'il (practical treatise), and the exegesis of Surah Al-Jumu'ah and At-Taghabun.[3] Attention to newly emerged issues (Masa'il Mustahdatha) as well as Ayatollah Milani's views on Contemporary Jurisprudence exist scatteredly in his books, which can be categorized into several fields such as Medical Fiqh, Economic Fiqh, Art Fiqh, and Worship Fiqh.
Medical and Biological Fiqh
Artificial and Voluntary Insemination
Based on Ayatollah Milani's view, voluntary artificial insemination is not permissible, although ostensibly there is no explicit text in verses and narrations regarding its prohibition. Nevertheless, the child resulting from insemination belongs to the owner of the sperm in terms of lineage, and if the father is not identified, the child has the ruling of a child of unknown lineage. This act is not considered Zina (adultery) for the woman. Regarding inheritance, the child inherits from the mother, and if the father is identified, from him and other relatives according to the classes of inheritance. The Nafaqa (maintenance) of the child is upon the father, and if the father is not specified, it is upon the mother, and in case of the mother's poverty, it will be upon the Bayt al-Mal. Furthermore, regarding the spread of prohibition (Mahramiyat), the child is considered the same as children resulting from legal marriage.[4] Also, the insemination of a foreign man's sperm into a woman's womb is religiously contrary to Islamic regulations. However, if such insemination is performed and a child is born, the child cannot be considered Walad al-Zina (child of adultery).[5]
Transplantation of Muslim and Non-Muslim Body Parts
Milani does not consider the transplantation of Muslim body parts, such as a kidney and the cornea of the eye, to be permissible, whether from a dead body or a living body; but the use of body parts of the Ahl al-Kitab (People of the Book) who do not adhere to the Islamic Dhimma laws, and also from the body of an apostate, a Nasibi, and other Kafirs (disbelievers), is not impeded. According to him, in case of using a dead Muslim's body parts, his Diya must be paid and spent on charity for that deceased person. In his belief, the use of a dead Kafir's body parts is permissible if, after transplantation, it becomes part of the Muslim's body.[6]
Dissection of Dead Bodies for Educational Purposes
Based on Milani's opinion, dissection of a Muslim's body religiously necessitates the payment of Diya, the amount of which is specified based on the type of limb and is calculated as one-tenth of a living Muslim's Diya. This Diya must be spent on charity for the deceased, and the heirs do not inherit from it. However, the dissection of a Kafir's body has no Diya. In case of medical necessity, the dissection of a Muslim's body is permissible; but its Diya is not waived and must be paid.[7]
Contraception with Pills
According to Milani, preventing pregnancy before the formation of the sperm (Nutfah), such as using pills or other methods, provided that the semen does not enter the woman's womb at all and the woman also consents, has no problem religiously. Also, if by using pills or similar methods, the man's seed is prevented from reaching the woman's seed (ovum), there is apparently no impediment. But if after the Nutfah is formed—meaning the man's seed has reached the woman's seed—an action is taken that causes its destruction and prevents the birth of the child, this act is considered a sin, and the perpetrator must pay fifteen mithqals of coined gold as Diya.[8]
Consuming Alcohol-based Medicine
In Milani's belief, the use of medicines that contain alcohol in their composition depends on the certainty and doubt of the Mukallaf (person obligated to observe precepts). If the person does not know whether the alcohol present in the medicine is of the intoxicating type or taken from an intoxicating liquid, avoiding it is not obligatory. But if he is certain that it is so, he must avoid it. In this regard, investigation and examination about the type of alcohol are not necessary. Even if the alcohol present in the medicine is of the intoxicating type, provided that its effect has been consumed (dissipated) and it does not have potential intoxicating properties, the use of those medicines is not impeded.[9]
Fiqh of Edibles
Slaughtering Animals by Machine
If the slaughter of animals is performed by a machine, but the real and actual attribution of the slaughter is given to the human—meaning the human uses the machine for slaughter with will and religious intent, according to Milani's view, there is no problem, only other religious conditions of slaughter such as mentioning God's name, cutting the four vessels, and the direction of Qibla must be observed, and it is considered a lawful (Shar'i) slaughter.[10]
Eating Fish with Small Scales
Eating the meat of fish that have small scales on their skin or are sparsely scaled, provided they possess even a slight amount of scales (Fals), is permissible based on Milani's opinion. Therefore, the criterion for the permissibility of eating fish meat is the existence of scales—even if minimal—on the body of the fish.[11]
Economic and Banking Fiqh
Credit Value of Banknotes
In response to a question about the financial value (Maliyyat) of banknotes and its relation to the concept of government property being "Unknown Owner" (Majhul al-Malik) (relating to the Pahlavi government and before the Islamic Revolution), Ayatollah Milani believes that if the banknotes current among the people are considered government property and we consider the government as Majhul al-Malik, this view faces serious jurisprudential problems. Because:
If banknotes are Majhul al-Malik, they must be given as charity and only the poor have the right to use them; consequently, the wealthy do not own them.
Transactions with these banknotes become void or the buyer remains indebted in the Dhimma of the seller.
In inheritance, if the heirs are deserving of charity, whoever acts first takes the banknotes, and inheritance has no meaning regarding them.
These problems show that banknotes cannot be considered Majhul al-Malik. Therefore, if we consider the banknote as a means to wealth and a document for it, the document being Majhul al-Malik does not create a problem, and if the banknote itself possesses financial value, its initial origin (i.e., general permissibility/Ibahah) is presumed via Istishab; meaning it is assumed that it remains permissible. Anyone—poor or rich—who possesses the banknote and intends to own it, is considered its owner, and all effects of ownership apply to it; including the attachment of Khums, validity of transactions, and realization of profit. Another point is that ownership is a credit-based (I'tibari) matter, and its subject does not need to be an external existent; rather, it can simply be a mental and contractual credit.[12]
In response to the question "Are banknotes considered among counted items (Ma'dudat), and is buying and selling them with increase and decrease, whether with a condition or without a condition, permissible?" he has issued a Fatwa that the ruling on buying and selling banknotes with increase and decrease depends on the person's perception of the nature of the banknote; therefore:
If the banknote merely has the aspect of being a document—meaning it is considered only as a draft or representative of real wealth, in this case, buying and selling it with increase and decrease is not permissible and falls under the ruling of Riba.
But if the banknote possesses financial value in itself—meaning the banknote itself is recognized as independent wealth—in this case, the banknote is considered among counted items (Ma'dudat), and in counted items, transactional Riba does not apply; therefore, buying and selling it with increase and decrease is permissible.
Diagnosing whether the banknote in a specific transaction has the aspect of documentality or intrinsic financial value is upon the Mukallaf, and he must determine it by carefully considering the conditions of the transaction and the intent of the parties.[13]
Discounting Checks
In Milani's belief, a Check as a financial document is not tradable; rather, the transaction must apply to what is in the Dhimma (i.e., the real debt existing in the Dhimma of the check issuer). Therefore, if the subject of the transaction is cash (banknotes) and not the check itself, and the transaction is performed correctly and religiously, there is no impediment and it is not considered Riba. Consequently, a transaction in which a check for the amount of one hundred Tomans is sold at the price of ninety Tomans will only be religious and non-usurious if the transaction is performed based on the real debt and with the observance of Fiqh conditions, not merely the buying and selling of the check document.[14]
Fiqh of Art and Media
Chess for Sports and Strengthening Intelligence
In Milani's belief, the game of Chess—even if performed with the aim of entertainment and strengthening intelligence and lacks betting—is religiously Haram (forbidden). The reasons for the prohibition of chess in the Quran and narrations from his perspective are:
During the game, the entire thought and heart of the human becomes focused on the game, and this state is a type of Lahw (vain amusement) and complete negligence of the remembrance of God.
The psychological conflict resulting from winning and losing in the game can create negative moral effects between the parties.
This atmosphere provides a ground for the dominance of Satan and the commanding self (Nafs al-Ammara).
Therefore, even in the absence of betting or competition, the very engagement in chess is not permissible jurisprudentially.[15]
Painting, Sculpting, and Statue Making
Milani considers drawing the image of humans and animals and making statues of beings possessing a soul to be problematic religiously; but he considers keeping a statue, provided it is for a rational purpose, to be without problem.[16]
Fiqh of Acts of Worship
Validity of Moon Sighting and Horizon Difference
Milani has accepted the validity of Moon Sighting at the beginning of the lunar month without differentiating between the unity or difference of the horizon in cities. That is, if the sighting of the moon is achieved in a city, even if that city is not the residence of the fasting person, it is sufficient to prove the first of the month.
This basis rests on several principles:
The absolute nature (Itlaq) of the narrations implies that sighting the moon at any point on earth is sufficient to prove the first of the month.
The definition of the first of the month is the moon exiting from under the rays (Taht al-Sha'a), which is a cosmic and factual matter (Nafs al-Amri); unlike the sunrise and sunset which is a relative matter and dependent on geographical location.
Moon sighting has the quality of being a path (Tariqiyya), meaning it is a way to discover reality. If knowledge is obtained that the moon has exited from under the rays, that time will definitely be the first of the month.
Therefore, the first of the lunar month is a cosmic reality that is provable by sighting the moon—even in a city other than the fasting person's location—and the difference of horizon has no effect on this ruling.[17]
Qibla and Prayer Times in Space Travel
Milani says the following regarding the status of performing prayer for astronauts:
Prayer Qasr (Shortened) and Tamam (Full) in Space Travel: Travel to outside the planet Earth is jurisprudentially the same as travel inside the Earth. Therefore, if the religious conditions of travel are realized, the rulings of Qasr or Tamam prayer will also be applicable according to the same criteria. Determining Qibla in Space or Other Spheres: The Qibla is still the Kaaba. To determine the direction of the Qibla in space or other planets, the Mukallaf must either diagnose the direction himself with sufficient knowledge, or refer to the opinion of experts and obtain assurance from their statement. Prayer Times Outside Earth: If the person is in space and in Earth's orbit, he must perform five prayers in every rotation of the Earth around itself, observing the time intervals. These intervals must be adjusted based on the times of morning, noon, and Maghrib of his earthly residence. But if he is on another planet that has day and night like Earth, he must adjust the prayer times based on the morning, noon, and Maghrib of that same planet. Of course, if the rotation of that planet is slower than Earth, he must practice caution; meaning he should pray both according to the times of his earthly location and according to the times of that planet.[18]
Impurity of the People of the Book
Milani believes that the People of the Book (Ahl al-Kitab), according to obligatory caution, are considered Najis (impure) and must be avoided. This avoidance is not only due to physical contamination but due to religious interests, practical wisdom, and religious policy; because contact and association with them might cause the transmission of spiritual and psychological harms. He considers the impurity of the People of the Book to be intrinsic impurity (Dhati), not merely resulting from carelessness or physical contamination. This ruling is based on numerous narrations that indicate the necessity of avoidance.
According to him, some scholars might consider Christians to be monotheists, in the sense that in their belief, the three hypostases (Father, Son, Holy Spirit) are not parallel to each other, but they consider the other two hypostases as created and manifestations of divine attributes and intermediaries in grace. However, this understanding has no effect on the Fiqh ruling, and caution in avoiding them is still necessary.[19]
Footnotes
- ↑ Mehrizi, Shenakht-nameh, pp. 59-61, 111-114, 238-242.
- ↑ Mehrizi, Shenakht-nameh, pp. 271-277.
- ↑ Mehrizi, Shenakht-nameh, pp. 54-56.
- ↑ Milani, Didgah-haye Elmi, pp. 189 & 386.
- ↑ Milani, Didgah-haye Elmi, p. 320.
- ↑ Milani, Didgah-haye Elmi, pp. 203-256.
- ↑ Milani, Didgah-haye Elmi, pp. 203 & 232.
- ↑ Milani, Didgah-haye Elmi, pp. 387 & 388.
- ↑ Milani, Didgah-haye Elmi, p. 317.
- ↑ Milani, Didgah-haye Elmi, p. 254.
- ↑ Milani, Didgah-haye Elmi, pp. 363 & 364.
- ↑ Milani, Risalah Mujazah, pp. 12-20; Milani, Didgah-haye Elmi, pp. 103-104.
- ↑ Milani, Didgah-haye Elmi, pp. 387-388.
- ↑ Milani, Didgah-haye Elmi, pp. 323-324.
- ↑ Milani, Didgah-haye Elmi, p. 208, 235, 196, & 240.
- ↑ Milani, Didgah-haye Elmi, pp. 304-307.
- ↑ Milani, Didgah-haye Elmi, pp. 278-279.
- ↑ Milani, Didgah-haye Elmi, pp. 195-196.
- ↑ Milani, Didgah-haye Elmi, p. 46 & 335-342.
References
Milani, Sayyid Muhammad Hadi, Didgah-haye Elmi: Pasokh be Porsesh-haye Fiqhi, Kalami, Falsafi, Erfani, Tafsiri va Tarikhi, effort by Gholamreza Jalali, Mashhad, Islamic Research Foundation, 1386 SH.
Milani, Sayyid Muhammad Hadi, Risalah Mujazah fi Ahkam al-Kumbyalat (al-Sanadat), Najaf: Nu'man Printing House.
Milani, Sayyid Muhammad Hadi, Mukhtasar al-Ahkam, Tehran, Saduq, n.d.
Milani, Sayyid Muhammad Hadi, Makatabat-e Hazrat Ayatollah al-Uzma Sayyid Muhammad Hadi Milani, Tehran, Sahl Publications, 1396 SH.
Mehrizi, Mahdi, Shenakht-nameh Hazrat Ayatollah al-Uzma Sayyid Muhammad Hadi Milani, Tehran, Sahl Publications, 1395 SH.